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Original title: The Supreme Public Prosecutor’s Office responded to how the system of conviction and clemency sanctioned is applied to criminal cases
In recent years, Chinese judicial bodies have promoted the implementation of a leniency system to confess guilt and punish crimes. The alleged offenders and the accused voluntarily and truthfully confess their crimes, admit the facts of the alleged crimes and are willing to accept punishment.
△ Image source: Visual ChinaFrom January to October of this year, the prosecution applied the clemency system to handle 83.27% of criminal cases in the same period. Miao Shengming, Director of the First Prosecutor’s Office of the Supreme People’s Prosecutor’s Office of China, responded to questions from reporters on the 8th, saying that in the past two years, the application rate of the leniency system and the rate of adoption of recommendations sentences have increased and remained at a high level. Although judicial bodies are not subject to criminal charges or legal penalties when handling confessions and punishments, the outside world has different views on how to apply this system to some significant, complicated and socially influential organized crime and joint crime cases.
△ Image source: Visual ChinaIn order to further enhance the capacity of prosecutors and the level of application of the leniency system to confess guilt and confess punishment, and continue to exercise the value function of the system, the Supreme People’s Prosecutor’s Office issued four leading cases on the “Clemency system on pleasure and punishment applied by prosecutors” on the 8th, including “Lin Mou Bin and others organized, directed and participated in the criminal organization case.”
In this case, the organization targeted older people, specifically carrying out a series of criminal activities of “routine loans” against real estate. He colluded with police, notaries, lawyers, and violent house-cleaning gangs, successively committing fraud and extortion. , Provoking trouble, sham trials and other illegal and criminal activities involving 72 victims and 74 properties in 11 districts, including Beijing’s Chaoyang district and Haidian district, causing economic losses of more than 180 million yuan for the victims . Under the auspices of Beijing prosecutors, 36 of the 52 defendants in the entire case signed the “Acknowledgment of Guilt and Punishment.” The prosecution also used confession and punishment to recover stolen property.
Miao Shengming said that for felonies, such as organized crimes of the underworld nature, the system of indulgence and punishment of indulgence should be fully applied to determine the facts of the case, improve the effect of the charges, and effectively recover the assets. stolen. The confession of guilt and punishment will be organically combined with the recovery of stolen property, the economic base of organized crime will be completely eliminated and the victims will be recovered as much as possible.
He also emphasized that if the nature of the crime and the harmful consequences are particularly serious, the criminal methods are particularly cruel and the social impact is particularly bad, the prosecution will be carried out strictly in accordance with the law and no leniency will be granted.
